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Item 8ACity of Southlake Department of Planning STAFF REPORT June 13, 2003 CASE NO ZA03 -020 PROJECT: Chapel Hill Office Park REQUEST: On behalf of Steve and Dixie Garrett, Realty Capital Corporation is requesting approval of a zoning change and concept plan. ACTION NEEDED: 1. Conduct public hearing 2. Consider zoning change and concept plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -420 Full Size Plans (1br Connin s�ion and Cou"cil Member. � Orly) STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -020 BACKGROUND INFORMATION OWNERS: Steve and Dixie Garrett APPLICANT: Realty Capital Corporation PURPOSE: The purpose of this request is to receive approval of zoning and a concept plan for the development of 9 small office buildings. PROPERTY SITUATION: 205 East Southlake Boulevard LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING: REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA03 -020 Tract 5F, OW Knight Survey, Abstract No. 899 Office Commercial "AG" Agricultural District "S -P -2" General Site Plan District There is no development history for this property. Master Thoroughfare Plan The Master Thoroughfare Plan recommends Southlake Boulevard to have 130' of right -of -way. Adequate right -of -way exists for this road. Existinz Area Road Network and Conditions The proposed site will have one (1) access directly onto E. Southlake Boulevard (F.M. 1709). The plan shows common access drives to both the West and the East giving the site access to S. White Chapel Boulevard and the future Parkwood Drive. E. Southlake Boulevard is a 5 -lane, undivided thoroughfare with a continuous, two -way, center left -turn lane. The roadway will ultimately be widened to a 7 -lane roadway. May, 2002 traffic counts on E. Southlake Blvd (between White Chapel Blvd and Byron Nelson Pkw 24hr West Bound (WB) (20,959) East Bound (EB) (22,084) WB Peak A.M. (1,106) 11 — 12 a.m. Peak P.M. (2,217) 5 — 6 p.m. EB Peak A.M. (2,115) 7 — 8 a.m. Peak P.M. (1,389) 5 — 6 p.m. Attachment A Page 1 Traffic linj c Use Sq. Ft. Vtpd* AM- IN AM- OUT PM- IN PM_ OUT Office 55,100 607 76 10 14 68 *Vehicle Trips Per Day "The AMIPM times represent the potential number ofvehicle trips generated during the peak travel times on Southlake Boulevard. WATER & SEWER: A 12" water line extension is proposed from the east side of the future Parkwood Drive approximately 350' away. An 8" sewer line extension is proposed from the west side of Parkwood Drive approximately 250' away. P &Z ACTION: June 5, 2003; Denied (5 -0) STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated June 13, 2003. Under the "S -P -2" site plan district zoning the applicant proposes the following: • Maximum Impervious Coverage: The overall site shall not exceed 65% impervious coverage. However, individual lots shall not exceed 80% impervious coverage. • Bufferyards: Bufferyards along the perimeter site boundary shall adhere to the requirements of Sections 42 & 43, except that no bufferyards shall be required along lot lines interior to the site. Variances are requested for the following: • Stacking Depth: Stacking depth for the proposed drive is required to be 75'. The applicant is showing a stacking depth of 41'. • Driveway Spacing: Driveway spacing is 500' for full- access drives on Southlake Blvd (FM 1709). The nearest drive to the west is 355' from the proposed driveway and the nearest intersection to the east is 470'. • Street Frontage: All lots must front on a street. The applicant proposes lots to front on a common access easement. The plan presented to the Planning and Zoning Commission proposed the following: • Nine (9) office buildings; • Building Floor Area range of 3,500 SF to 11,800 SF Case No. Attachment A ZA03 -020 Page 2 • Total Floor Area 55,100 SF. The Planning and Zoning Commission appeared to be concerned with the following issues: • density of the project; • the on -site parking deficiency; • the distance from the majority of the parking spaces to the buildings and lack of walkways; The following changes have been made to the plan since the Planning and Zoning Commission meeting: • Eliminated one (1) building in the southeast corner of the site (total of eight (8) buildings now proposed). • Building Floor Area range of 4,000 SF to 16,800 SF • Total Floor Area 55,600 SF (increase of 500 SF). There is a property owner to the east in opposition to this request. This opposition accounts for approximately 26% of the surrounding property area within 200' of the site. Due to the recommendation for denial by the Planning and Zoning Commission and opposition in excess of 20% of the surrounding properties within 200', the affirmative vote of at least 3 /4 of the members of the City Council (6 of 7) is required to approve this request. Case No. Attachment A ZA03 -020 Page 3 Vicinity Map Chapel Hill Office Park 9000 0 9000 2000 3000 Feet 0 S Case No. ZA03 -020 E Attachment B Page 1 U ^' 2 V -,ro WU6 6 u ya w �aW9 ��e L00'87AYOOE Mvn]u *M3ve w 3somna �i Euti3ila ii 3xnaoo suu m' ou aa�nxe ae w w ' N •wK «.aro� b� NVl p 6L8 M/1 fL9 M/8 a, d H r N n ��'s ooa•s m r Y 9 aw.ww ` a m u -av�. .aim M - v #lo`k 1tl 0.16s� — m m — f p 5 N ZS ►�� c0 � zr 0 � rm fey r 8� - afv3arva -�-- Poo � AD � 391�PeRPJdr gk� i = Y i �._ L jl-- . X00 {�L 319-;6 - p lil ws me I 5 #10l I 5 J•S 9 . 1 41 b.n I o V L99 M!t J NNe. 4 1� N 49`3 =ii { � 1 � - - •.� I - 999 w✓1 - 008 �,n •4 E �— 1' � — Nara ] ry I l \ 'N,uT N , 999 ji �1 - 3113. S ^.aNVi ,I �n a `^d I 9 #101 � - aawi n3a � � 9Bg'j! W N�w3r1s` ' "n o `" I •n9u000�NY Bo ;ry �vaovne a sr � ma � - —� -� U ..I L #1Ql •L �. �.— Ma�ofs n� � "�\n 1 � - I c9a wY9 ! l #101 P an,W9us uuno Mme% u;- z _ 8NO19x�.a9 ` �- 994 M/9 FBS � IauU� ♦ _ � � I 259 M/B W� 1N3W3SH7 AIlltln nrro: tr.�3inH .rv, �OOOSI 3„OO,SC.gBs 3dU"faONV'l.OL N,vVIle 1 ✓ 1 0 6 (6az o inos 3 J..1 x�p o �o U N Z gaud �) juauiquji`d i OZO -ON asu�) fol FasgY ay � ¢ g Y r / 111111 L nlllllllllllnlllll Illf\ / �_ UIIIIIIIIIII � /�' u lfllllllfll n llfllllllll n Illnlllll�llllnlIlll ( ITf1IT1T171111111�JIIIIITTIJ l I�nlllllllllllln III Iln � Illnllllllll III 011 f _f I ' l l I I I n l I I I n Film 1 II I II[nlllllll�llllnllllll�l IITIIIIIIIIIII��LJ J �■ :gin � ■ - � L I � L iiO ■ I 0 !! I1r g " s x 1 #m 1!r " 1f 1! 1 1 1 r r r r r r r r r 1 r� r r 1 r PARKWOOD OVERALL PLAN FOR 'S -P -2' ZONING REQUEST Realty Capital Corporation CHAPEL HILL OFFICE PARK OS E. SOUTHLAKE BOULEVARD IF.M. 77091 SOUTHLAKE., TEXAS no. Kenswns one 1 �] Baird, Hampton & Brown, Inc. (� E- [� i p l �l �g® earing ac Su rveying A' aM�+�w- .- r�yr*w-rsu wnewne'.s.� oeslcrveo: naawrv, �necKtu: care: _ a na Ka d/21 /03 IiaiuX:l ssa;);)V RCC Realty Capital Corporation To: City of Southlake From: Steve Isbell, Realty Capital Co a io Date: March 31, 2003 Re: Zoning Change Application The subject property is located on the south side of 1709, just east of White's Chapel, Our intent is to rezone the property to allow the construction of professional office and medical space. The development will give physicians, attorneys and other professionals the ability to either lease or own their buildings. The property will eventually be divided into nine individual lots with buildings ranging from 4,000 to 12,000 square feet. Thank you. Should there be any questions, I can be reached at (8 17) 488 -4200, extension 127. RECD PltPAF? 81 2003 Case No. ZA03 -020 ZA0_ 020 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 .Fax (817) 424 -2448 Attachment C Page 3 RCC Realty Capital Corporation April 21, 2003 Mr. Ben Bryner City of Southlake 1400 Main Street Southlake, Texas 76092 Re: SP -2 proposed permitted uses and development regulations for ZA -03 -020 Dear Ben, Outlined below are the proposed development regulations for the SP -2 zoning request. Chapel Hill Office Park Proposed Permitted Uses and Development Regulations for "S -P -2" Zoning Permitted Uses This site shall permit all "O -1" Office District uses according to the Comprehensive Zoning Ordinance No. 480, Section 18, as amended. Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "0-1" General Commercial District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • The overall site, as shown on the Concept Plan, shall not exceed 65% impervious coverage, based on the net land area (less any public street R.O.W. dedications). However, individual lots created within the site boundary shall not exceed 80% impervious coverage RECD MAY 19 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 . (817) 488 -4200 -Fax (817) 424 -2448 Case No. Attachment C ZA03 -020 Page 4 • Bufferyards along the perimeter site boundary, as shown on the Concept Plan, shall adhere to the requirements of Section 42 and 43, except that no bufferyards shall be required along lot lines interior to the site boundary. Should you have any questions, please feel free to call me at (817) 488 - 4200, extension 127. Thank you. RECD MAY 19 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 -Fax (817) 424 -2448 Case No. Attachment C ZA03 -020 Page 5 RCC Realty Capital Corporation To: City of Southlake From: Steve Isbell, Realty Capital Co Date: May 2, 2003 Re: Stacking Variance Request The subject property is located on the south side of 1709, just east of White's Chapel. Our intent is to rezone the property to allow the construction of professional office and medical space. The development will give physicians, attorneys and other professionals the ability to either lease or own their buildings. The property will eventually be divided into nine individual lots with buildings ranging from 3,500 to 12,000 square feet. The current stacking requirements would require this development to have a 75' stacking lane. But measuring from the end of the curb radius to the property line, the development only has approximately 41'. However, the ROW for TXDOT is approximately 80', effectively giving the property a 120' stacking lane. Based on this, we are requesting a variance be granted on the stacking lane requirements. The current distance to the nearest planned western drive is 355'. The distance to the nearest eastern drive is 500'. The drive to the west is a secondary drive for the church and therefore will have its peak use times on Sundays and holidays, not during typical office hours. We are requesting a variance be granted on the driveway separation requirements. Thank you. Should there be any questions, I can be reached at (817) 488 -4200, extension 127. RECD MAY 1 9 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 a (817) 488 -4200 •Fax (8 17) 424 -2448 �, -,: �';-? c �> Case No. ZA03 -020 Attachment C Page 6 RCC Realty Capital Corporation May 14, 2003 Mr. Terry Wilkinson White's Chapel United Methodist Church Real Estate Committee Chairman 751 E. Southlake Blvd., Suite 130 Southlake, TX 76092 RE: Cross- Access/Parking Easement Dear Terry: I have enclosed the proposal we have been discussing. Please sign below to acknowledge your agreement and call with any questions. Thank you. Proposal for a Cross- Access and Parking Easement between the White's Chapel United Methodist Church of Southlake, Texas ( "WCUMC") and a Limited Partnership affiliated with Realty Capital Corporation ( "RCC ") 1. WCUMC may use all of BCC's parking spaces (approximately 175 spaces) as we build them (see Exhibit A for Iocation). 2. RCC may use up to 196 of WCUMC's parking spaces. 3. RCC will construct 84 new parking spaces on WCUMC's property for WCUMC. (These 84 parking spaces will be part of the 196 spaces that may be used by RCC.) These 84 additional parking spaces will be constructed immediately after RCC has completed at least 18,000 square feet of office buildings on its property. 4. WCUMC may use the RCC parking spaces from 6 a.m. to 3 p.m. every Sunday of the year, all day on Christmas Day, and from noon to midnight on Christmas Eve. In addition, WCUMC may use 70% of the RCC parking spaces (up to 100 total) after 6:30 pm every day of the year. 5. Vehicles visiting WCUMC may cross through BCC's property at any time on its driveways. R''r'r M nv 1 9 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 •Fax (8 17) 424 -2448 2 Case No. Attachment C ZA03 -020 Page 7 6. Vehicles visiting RCC's property may cross through WCUMC at any time on its driveways. 7. RCC may use the WCUMC 196 parking spaces from 8 a.m. to 6:30 p.m. Monday through Friday on all business days. 8. If this basic proposal is acceptable, RCC shall prepare a shared parking and cross- access easement agreement for WCUMC's review and approval. r ly, ers l'ich d M Myers President Agree nd Acknow dged: errY Wt kinson, Chairman Dat s��y v3 RECD ' 0 2003 , � FA 0, a Case No. ZA03 -020 Attachment C Page 8 V 50 f? BUri OIN/G 70' gltI5CARE ~ SE r&ACK 4 6UFFEF YA RD & U)f"T/ EASEMENT �__ T/W 6 60 - B/w 5] I HOT IL v I 1 /vY 665 `4 T/W 6B] I I S S.F. -Q 1 LOT #8' 1I 'ntgfwc ; space � I 4,000 S.F. I GEN. GSFlCE �7 c FF =666 E sP�cs � � LOT Al 7 I I fi r � A ` I I I FF =66fi I I I �m !'R YARD � — 1 � _ I � f 5,900 S.F. V. 665 ac ES E n Ie ITFm T/w fifie ,b I G Ff =fi64 I \ la L. \ I 1 1 Im /w 669 1 1 — I LOT I 8©0 c o 5.F. � I IL I sP.ces W N� E #9 r I I _ 1 4 S €. I FF =669 1 � 1 LOA # w \ sn FF E667 8000 5.F. I . - n. oFVic tl ml r - 1 w >Y r — cFF =670 6 ]m N � 1 ���� V �L +_ 5 -__ 511. 0 W601 rlm bl I A -1 1 - 7P4 -5e I IL /f I LOT ttS d LOT # 3 LOT # 4 siNG�E sraav I I `" 4000 S. F. 11,8065.F. 1 sPncas e s .o,• cE G FF - 1 I FF =673 FF =672 p- _ I _ 1 w sTS — — B7+Y b7fi — � _ - n — vol, wc T W uNA CA REC D MAY 1 9 2003 Wr m U a` �a I O r � o ��N RCC Realty Capital Corporation To: Ben Bryner From: Steve Isbell, Realty Capital Corporatlo Date: June 9, 2003 Re: Summary of changes Attached are 12 copies of the site plan for Chapel Hill Office Park. The plan was revised to hopefully alleviate some of the concerns of the Planning and Zoning Commission. - The 3,500 square foot building previously on Lot 5 has been deleted. - On the new plan, buildings on Lots 5 and 6 have been spread further apart. - Buildings on Lots 2 and 5 are about 10% smaller than was originally planned, - The building on Lot 3 was relocated slightly. - The building on Lot 4 is larger. - An additional walkway was added to further accommodate off -site parking. The full submittals, including the revised grading plan will be delivered tomorrow. Thank you. Should there be any questions, I can be reached at (817) 488 -4200, extension 127. REUD JUN 0 9 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 •Fax (817) 424 -2448 Case No. Attachment C ZA03 -020 Page 10 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA03 -020 Review No.: Four Date of Review: 06/13/03 Project Name: Concept Plan — Chapel Hill Office Park APPLICANT: Realty Capital Corporation ENGINEER: Baird, Hampton, & Brown, Inc. Steve Isbell 1111 South Main Street, Suite 200 Grapevine, TX 76051 Phone: (817) 488 -4200 Fax: (817) 424 -2448 309 W. 7" Street, Suite 500 Fort Worth, TX 76102 Phone: (817) 338 -1277 Fax: (817) 338 -9245 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/09/03 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086. This site must comply with the "S -P -2" zoning district regulations as approved. The following differences from the regulations of the Comprehensive Zoning Ordinance No. 480 are proposed as part of the "S -P -2" regulations: a) The maximum impervious coverage permitted for the "O -1" Office District zoning is 65 %. The applicant proposes that the overall site shall not exceed 65% impervious coverage except that individual lots within the site boundary shall not exceed 80% impervious coverage. b) Bufferyards are required along all interior lot lines. The applicant proposes that bufferyards shall be provided along the perimeter of the site boundary except that no bufferyards shall be required along lot lines interior to the site boundary. 2. The following changes are needed with regard to driveways: a) Stacking depth for the proposed drive is required to be 75'. The applicant is showing a stacking depth of 41'. (A variance has been requested.) b) Driveway spacing is 500' for full- access drives on Southlake Blvd (FM 1709). The nearest drive to the west is 355' from the proposed driveway and the nearest intersection to the east is 470'. (A variance has been requested.) 3. Every lot shall abut on a public street or a private street. This concept plan proposes lots to front on a common access easement built to fire lane standards. (A variance has been requested.) 4. A reciprocal parking agreement must be executed, reviewed by the City and filed of record (copy of filed instrument provided to the City) prior to issuance of a building permit for any portion of this site reliant upon the off -site parking for compliance with the parking requirements. The applicant proposes the use and construction of off -site parking to comply with parking requirements. Case No. ZA03 -020 Attachment D Page 1 Clearly differentiate between the fire lanes and the common access easement boundaries. Fire lanes must be labeled in addition to Common Access Easements and may not necessarily correlate. 6. Correct the parking totals in the table based on the new square footage. INFORMATIONAL COMMENTS The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "O -1" Zoning District Regulations. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part 11. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: • Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. • Roof design standards per § 43.13b, Ordinance 480, as amended • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill-over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. Case No. ZA03 -020 Attachment D Page 2 Case No. Attachment E ZA03 -020 Page 1 Surrounding Property Owners Chapel Hill Office Park Owner Zoning Land Use Acreage 1. GCSW, Ltd 1. 01 1. Office Commercial 1. 0.98 2. D. Stoner 2. SF1A 2. Low Density Residential 2. 1.04 3. S. Bryant 3. SF1A 3. Low Density Residential 3. 1.00 4. D. Johnston 4. SF1A 4. Low Density Residential 4. 0.91 5. S. Faulkner 5. SF1A 5. Low Density Residential 5. 0.94 6. St. of Texas 6. SF1A 6. Low Density Residential 6. 0.02 7. St. of Texas 7. SF1A 7. Low Density Residential 7. 0.16 8. St. of Texas 8. SF1A 8. Low Density Residential 8. 0.18 9. St. of Texas 9. SF1A 9. Low Density Residential 9. 0.54 10. Bes -Tex Financial Serv. 10. SP2 10. Low Density Residential 10. 5.91 11. White Chapel United 11. CS 11. Public /Semi Public 11. 6.32 Methodist 12. White Chapel United 12. CS 12. Public /Semi Public 12. 9.50 Methodist 13. White Chapel United 13. CS 13. Public /Semi Public 13. 0.79 Methodist 14. S. Garrett 14. AG 14. Low Density Residential 14. 3.69 Case No. Attachment E ZA03 -020 Page 1 Surrounding Property Owners Chapel Hill Office Park Surrounding Property Owner Responses Chapel Hill Office Park Notices Sent: Nine (9) Responses: One (1) within the 200' notification area: • David Ford, Bes -Tex Financial Services, Inc., 209 Southlake Boulevard, Southlake, TX is opposed. See attached Opposition Petition. (Received June 4, 2003) Case No. ZA03 -020 Attachment F Page 1 Property Owner Response Form Reference: ZA 03-020 I, David Ford, v.p. of Bes -Tex Financial Services Inc., own the property adjacent to this property to the East at 209 Southlake Boulevard. In my opinion, there are too many buildings and not enough parking close to the buildings. People are not going to walk from the back parking lot to the front of the We°rr§'16 4ner(s) of the property so noted, do hereby favor o pose circle or underline one) the proposed rezoning of the above referenced property, Also, there needs to be more open space between buildings to be compatible with our project and others in the area. This project as proposed is far too dense and should be re d by about half. s�r rD 6 ^ `?f ^. ?oo,3 Signature Date The setback from Southlake Blvd. should be the same as our Parkwood Plaza Office Park next door. If the church should sell their property, what would happen if the new owner removed the parking lot? Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 D fv /t 1 e<C!7 K 7E.zC RECD J u N 0 4 2003 Case No. Attachment F ZA 03 -020 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -420 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 5F, O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 4.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "S -P -2" GENERALIZED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under Case No. Attachment G ZA03 -020 Page 1 the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA03 -020 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Soutl Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 5F, O.W. Knight Survey, Abstract No. 899, and being approximately 4.24 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "S -P -2" Generalized Site Plan District with "O -1" Office District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B ", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." SECTION 2. Case No. ZA03 -020 Attachment G Page 3 That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other conunercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment G ZA03 -020 Page 4 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be filed not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. Case No. ZA03 -020 Attachment G Page 5 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2003. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2003. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -020 Attachment G Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -020 Attachment G Page 7 EXHIBIT "A" A portion of Tract 51 O.W. Knight Survey, Abstract No. 899, and being approximately 4.24 acres. Legal Description 205 East Southlake Blvd. S U R V E Y P L A T TO THE LIENHOLDERS AND /OR OWNERS AND PURCHASERS OF THE PREMISES SURVEYED AND THE TITLE COMPANY: This is to certify that I have, this date, made an on the ground survey of the property located on E. Southlake Boulevard in the City of Southlake, Texas, described as follows: Being a 4.24 acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land as conveyed to Steve Garrett and Wife, Dixie Garrett, as recorded in Volume 6747, Page 1622, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMNECING at a 1/2 inch iron rod found for the southwest corner of said Garrett tract, said point being the southeast corner of a tract of land described in deed to White's Chapel United Methodist Church, as recorded in Volume 12988, Page 268, Deed Records, Tarrant County, Texas; THENCE North a distance of 648.71 feet along the west line of said Garrett tract and in the east line of said Church tract to a 1/2 inch iron. rod found for the POINT OF BEGINNING; THENCE North continuing along the west line of said Garrett tract and the east line of said church tract a distance of 448.97 feet to a 3/4 inch iron rod found for co for corner, said point being in the south right -of —way line of East Southlake Boulevard; THENCE S 83'00'00" E, along the south right —of —way line of said East Southlake Boulevard, a distance of 61.50 feet 1/2 inch iron rod set for corner; THENCE S 86'35'00" W, continuing along the south right —of —way line of said East Southlake Boulevard a disttnce of 150.00 feet to a 1/2 inch iron rod set for comer; THENCE S 88'50'56" E, continuing along the south right —of —way line of said East Southlake Boulecard a distance of 212.94 feet to a Tex. Dot Concrete right —of —way Monument found for corner, said point being in the west line of a tract of land conveyed to 1709 Joint Venture, as recorded in Volume 12287, Page 515, Deed records, Tarrant County, Texas; - THENCE S 00'03'29" E, along the east line of said Garrett tract and the west line of said 1709 Joint Venture tract a distance of 430.86 feet to a 1/2 iron rod found for corner; THENCE N 89'38'56" W. a distance of 424.12 feet to the POINT OF BEGIN <�G,a� qta- C.00 square feet or 4.24 acres of computed land. t` 1 L ZA03-62d Case No. Attachment G ZA03 -020 Page 8 C� C� UU6 6 u 1!4- 431 - -_+ - O r yp = Nff om _ � = m r i awvMwve vvye Muwrie p o q nT In PC o xrc _ x s t I- M i. „. 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Accessory Uses In addition to those accessory uses specifically authorized in Section 34 of this ordinance, any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined by this ordinance. Development Regulations This site shall adhere to the development regulations of Section 18, the "0-1" General Commercial District, and all other applicable Sections of the Comprehensive Zoning Ordinance No. 480, as amended, with the following exceptions: • The overall site, as shown on the Concept Plan, shall not exceed 65 % impervious coverage, based on the net land area (less any public street R.O.W. dedications). However, individual lots created within the site boundary shall not exceed 80% impervious coverage RECD MAY 19 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 -Fax (817) 424 -2448 Case No. Attachment G ZA03 -020 Page 10 • Bufferyards along the perimeter site boundary, as shown on the Concept Plan, shall adhere to the requirements of Section 42 and 43, except that no bufferyards shall be required along lot lines interior to the site boundary. Should you have any questions, please feel free to call me at (817) 488 -4200, extension 127. Thank you. Si ely, St ve Isbell RECD MAY 19 2003 1111 South Main Street, Suite 200, Grapevine, Texas 76051 • (817) 488 -4200 -Fax (817) 424 -2448 Case No. Attachment G ZA03 -020 Page 11 EXHIBIT "C" This page reserved for the approved City Council motion. Case No. Attachment G ZA03 -020 Page 12